Bar Association panel to investigate Buckingham

The chairman of the CNMI Bar Association’s Disciplinary Committee, attorney Timothy Bellas, confirmed yesterday that they have received the Senate’s request to investigate attorney general Edward Buckingham over ethics concerns.

Bellas said the committee is required to investigate all requests for complaints, unless it’s determined that the request should not be entertained at all.

Once a complaint or request for investigation is received, the Disciplinary Committee begins the process of investigation.

Bellas said the process is confidential.

The Senate has repeatedly announced through the adoption of a formal resolution and through the media that it will be formally requesting the Bar Association’s Ethics Committee to investigate Buckingham in connection with his approval of a sole-source, ARRA management contract worth close to $400,000.

As part of the committee rules, it will notify all the parties concerned of the investigation, along with the chief justice and the presiding judge.

Bellas said he will recuse himself from the investigation process because of possible conflict of interest.

The committee will be meeting on Saturday. Bellas said if majority of the five-member Disciplinary Committee declares conflict of interest, they will notify and request the presiding judge to appoint an ad-hoc committee to conduct an investigation.

Sen. Frank Cruz (R-Tinian), chairman of the Senate Committee on Executive Appointments and Governmental Investigation, wrote an Aug. 22 letter to Bellas requesting an investigation on Buckingham.

Cruz’s letter followed the Senate’s transmittal of a copy of Senate Resolution 17-62, requesting the Bar Association’s Disciplinary Committee to investigate Buckingham “for ethical violations regarding his approval of the CNMI ARRA management sole-source contract.”

“The Senate is very concerned about this matter and files this complaint against Mr. Edward Buckingham for violating his oath of office, the ABA Model of Professional Conduct, and CNMI laws and regulations regarding his involvement in the approval of the CNMI ARRA management sole-source contract,” Cruz told Bellas.

Buckingham had denied accusations that he violated ethical rules or laws. He said he reviewed and decided on the proposed contract, taking into consideration the risk of losing tens of millions of dollars in ARRA money if the ARRA program is not properly managed.

The attorney general said he did not financially benefit from signing off on the contract. He added that the Office of the Public Auditor itself did not raise ethical concerns when the governor asked for guidance prior to the routing of the sole-source contract that was later on awarded to former Commerce secretary Michael Ada’s private firm.